Demolitions: Consider rehabilitation of affected, says Supreme Court

The Supreme Court observed that authorities have a 'twin responsibility' to consider rehabilitating families rendered shelterless during demolition of illegal structures, calling it a policy matter for states to decide on a case-by-case basis.

The Supreme Court on Wednesday said authorities may have a "twin responsibility" where they seek to demolish illegal structures to enforce the law, to also consider rehabilitation of affected families who would be rendered shelterless.

SC Directs Petitioner to Approach Governments

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea filed by the Centre for Law and Good Governance, a non-political organisation, seeking directions to the Centre, States and Union Territories to frame a uniform policy for dealing with long-standing unauthorised constructions and provide rehabilitation to persons affected by their demolition. The Court ultimately disposed of the plea, granting liberty to the petitioner to forward a copy of it to the Centre, States and UTs and raise the issues for consideration while framing their policies.

"While we appreciate the concern of the petitioner for rehabilitation of those whose right to shelter is adversely impacted as a result of demolition etc., we are also of the view that such issues essentially fall within the policy domain. The situation may vary State to State and it warrants a State policy. It would be difficult for this Court to lay down a specific policy. We deem it appropriate to dispose of this petition with liberty to the petitioner to forward a copy of this petition to the Union of India, States and Union Territories to raise these issues for the purpose of devising their policy. We are hopeful that due consideration shall be given to all such issues", the Court said.

Court Observes 'Twin Responsibility' in Demolitions

During the hearing, the Court appreciated the petitioner's concern over the plight of families affected by demolition and considered the need for rehabilitation alongside enforcement of laws against illegal constructions. The CJI observed that where an authority decides to demolish an illegal structure, the question of where the affected family would go also arises. The Court indicated that this creates a twin responsibility -- if authorities want to demolish an illegal structure, they must also consider rehabilitation of the affected persons.

Petitioner's Stance on Long-Standing Colonies

The petitioner had argued that the right to shelter forms part of the right to human dignity and that demolition of long-standing colonies without rehabilitation could adversely affect the livelihood and dignity of families. The plea pointed out that several States had allowed unauthorised colonies to exist for decades and had, in various ways, facilitated their continuation by levying municipal taxes and providing water and electricity connections. In some cases, properties in such colonies were also allotted on a freehold basis. The petitioner submitted that after allowing such colonies to exist for 30-40 years, authorities could not suddenly resort to demolition without considering the consequences for residents.

Uniform Policy Difficult, Says Court

Justice Joymalya Bagchi noted that the cases could vary considerably from one State to another and that the issue essentially required policy consideration at the State level. The petitioner had sought the constitution of an expert committee by the Court to formulate and supervise implementation of guidelines on demolition and rehabilitation. It also sought temporary accommodation of around 15-20 square yards for families affected by demolition. The Court, however, said it would be difficult for it to frame a specific uniform policy as the circumstances differed across States. The Court therefore disposed of the plea with liberty to the petitioner to approach the Centre, States and UTs with a copy of the petition and seek consideration of the issues raised by it. "We are hopeful that due consideration shall be given to all such issues", the Court noted. (ANI)

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